This article explores whether the minimum constitutional and statutory requirements are being fulfilled by condemning agencies in the “good faith written offer” process.
All condemnation proceedings in Michigan can only be initiated by an agency under the procedure provided in the Uniform Condemnation Procedures Act of 1980 (“the Act”).
The Act presents a specific procedural framework, which must be followed by condemning authorities in order for the agencies to obtain jurisdiction of the court necessary to acquire property. Section 5 of the Act requires the establishment of a value estimate and presentation of the value and an appraisal if one has been prepared “before initiating in negotiations.” Only after presentation of the appraisal and the opportunity to negotiate may the agency file a condemnation complaint.
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